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Child support begins with filing a case.

Your court will then conduct a preliminary conference between the


parties to see if a resolution without full-blown trial is possible.
In the meantime, the court has the power to issue provisional orders
for support after giving the other party the opportunity to respond to
the provisional claim and the allegations about the financial conditions
of both parties, as supported by affidavits, depositions or other
authentic documents. The court can, therefore, issue a provisional
order for support which will be enforced even while the case is not yet
finished.
The guidelines for such provisional support are as follows:
The common children of the spouses shall be supported from the
properties of the absolute community or the conjugal partnership.
Subject to the sound discretion of the court, either parent or both may
be ordered to give an amount necessary for the support, maintenance,
and education of the child. It shall be in proportion to the resources or
means of the giver and to the necessities of the recipient.
In determining the amount of provisional support, the court may
likewise consider the following factors: (1) the financial resources of
the custodial and non-custodial parent and those of the child; (2) the
physical and emotional health of the child and his or her special needs
and aptitudes; (3) the standard of living the child has been
accustomed to; (4) the non-monetary contributions that the parents
will make toward the care and well-being of the child,
The Family Court may direct the deduction of the provisional support
from the salary of the parent.
Agreement between ex-partners is essential!
But if the court elects not to order provisional support, all your
evidence and witnesses’ testimonies will be heard in a full-blown trial
and then the court will make its decision.
You might wonder how long a full-blown case for support lasts.
Well, it depends on how quickly you and your ex-partner can agree on
terms.
When you and your partner can negotiate a compromise agreement
where both needs are met, then the court process is smoother. You
may spend only a year to a year and a half in court.
However, it can take years if you and your ex-partner cannot agree
and are unwilling to compromise.

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